A legacy of violence and human rights abuses was founded under colonialism in Kenya and built on during the struggle for independence and under post-independence governments. Specific abuses have received international attention, such as the maltreatment of former prisoners held by the British colonial government during the Mau Mau uprising in the 1950s, which is the subject of a legal claim in British courts. (Read more about this case.)

Kenyans have been motivating for the establishment of a truth commission since 2002, but nothing was done until violence erupted after the disputed presidential elections of 2007. In February 2008, the coalition government signed a peace agreement authorising commissions of inquiry into historical injustices and human rights violations. The first of these was the Commission of Inquiry into Post-Election Violence (Waki Commission), which identified key individuals for prosecution and offered broader recommendations on institutional transformation. The second, the Truth, Justice and Reconciliation Commission, began operating in March 2009. (Read more about the commission.)

The International Criminal Court (ICC) prosecutor began investigating individuals identified as leaders and financiers of the post-election violence after the Kenyan government continually delayed the creation of a special tribunal to try them. Kofi Annan, acting as head of the African Union (AU) panel that brokered the peace agreement after the election violence, made a request to the ICC prosecutor to investigate the situation. In March 2010, the ICC Pre-Trial Chamber granted the prosecutor’s request to investigate. (Read more about the ICC’s involvement in Kenya.)